Common use of Attachment; Levy; Restraint on Business Clause in Contracts

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account, or (ii) a notice of lien, levy, or assessment is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; and (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any part of its business;

Appears in 3 contracts

Samples: Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.)

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Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Co-Borrower or of any entity under the control of a Co-Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of Two Hundred Fifty Thousand Dollars ($250,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Co-Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Co-Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Co-Borrower from conducting all or any material part of its business;

Appears in 3 contracts

Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Upstart Holdings, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) in excess of Twenty-Five Thousand Dollars ($25,000.00) on deposit or otherwise maintained with any Lender Bank or any Lenderof Bank’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountAffiliates, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiverreceiver and the attachment, seizure or levy is not removed in ten (10) days, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business, provided, however no Credit Extensions shall be made during any cure period;

Appears in 3 contracts

Samples: Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (iRhythm Technologies, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of One Hundred Thousand Dollars ($100,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a value in excess of One Hundred Thousand Dollars ($100,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 3 contracts

Samples: Loan and Security Agreement (Ignyta, Inc.), Loan and Security Agreement (Calix, Inc), Loan and Security Agreement (Ignyta, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower Borrower, Guarantor or of any entity under the control of a Borrower or Guarantor (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of Fifty Thousand Dollars ($50,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or Guarantor’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s or Guarantor’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or Guarantor from conducting all or any material part of its business;

Appears in 2 contracts

Samples: Loan Agreement (Aquinox Pharmaceuticals, Inc), Loan Agreement (Aquinox Pharmaceuticals (Usa) Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or any Subsidiary with a value in excess of any entity under control of a Borrower Two Hundred Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$200,000), or (ii) a notice of lienlien or levy in an amount in excess of Two Hundred Thousand Dollars ($200,000), levy, or assessment is filed against any of a Borrower’s or any of its Subsidiaries’ assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten fifteen (1015) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten fifteen (1015) day cure period; andor (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets with a value in excess of Two Hundred Thousand Dollars ($200,000), is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 2 contracts

Samples: Loan and Security Agreement (SI-BONE, Inc.), Loan and Security Agreement (SI-BONE, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a fair market value of One Hundred Thousand Dollars ($100,000) or more, individually or in the aggregate, by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (b) (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 2 contracts

Samples: Loan and Security Agreement (Okta, Inc.), Loan and Security Agreement (Okta, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a fair market value in excess of One Hundred Thousand Dollars ($100,000), individually or in the aggregate, by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 2 contracts

Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of One Hundred Thousand Dollars ($100,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a value in excess of One Hundred Thousand Dollars ($100,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day Business Day cure period; andor (b) (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Eargo, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account, or (ii) a notice of lien, levy, or assessment is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions Advances shall be made during any ten (10) day cure period; and (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Anacor Pharmaceuticals, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds in excess of a Fifty Thousand Dollars ($50,000) of Borrower or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, or assessment is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; and (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Software, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of One Million Dollars ($1,000,000), or (ii) a notice of lien, levy, lien or assessment levy (other than a Lien allowed under clause (b) of the definition of Permitted Liens) is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (TerraVia Holdings, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or any Subsidiary in excess of any entity under control of a Borrower Two Hundred Fifty Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$250,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or any of its Subsidiaries’ material assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day Business Day cure period; andor (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Direct Digital Holdings, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower Borrower, Parent or of any entity under the control of a Borrower and/or Parent (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s ’s, Parent or any of their respective Subsidiaries’ assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; and or (b) (i) any material portion of a Borrower’s ’s, Parent or any of their respective Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower Borrower, Parent or any of their respective Subsidiaries from conducting all or any material part of its business;; 7.5

Appears in 1 contract

Samples: Loan and Security Agreement (Innovid Corp.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or any Subsidiary in an aggregate amount in excess of any entity under control of a Borrower One Hundred Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$100,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or any of its Subsidiaries’ assets with an aggregate value in excess of One Hundred Thousand Dollars ($100,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Serve Robotics Inc. /DE/)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of Two Hundred Fifty Thousand Dollars ($250,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets in excess of Two Hundred Fifty Thousand Dollars ($250,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Axonics, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy for a judgment or claim in excess of One Hundred Thousand Dollars ($100,000.00) is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Network Engines Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a fair market value of Two Hundred Thousand Dollars ($200,000.00) or more by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Sagent Pharmaceuticals, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or any Subsidiary in excess of any entity under control of a Borrower Two Hundred Fifty Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$250,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or any of its Subsidiaries’ assets by any government agencyGovernmental Authority with a value in excess of Two Hundred Fifty Thousand Dollars ($250,000), and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (908 Devices Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds in excess of a Ten Thousand Dollars ($10,000) of Borrower or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, or assessment is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andand (b) (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Us Dataworks Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender HSBC or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountHSBC Affiliate, or (ii) a notice of lien, levy, lien or assessment levy (other than a Lien allowed under clause (b) of the definition of Permitted Liens) is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Solazyme Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountTwo Hundred Fifty Thousand Dollars ($250,000), or (ii) a notice of lien, levy, lien or assessment levy in excess of Two Hundred Fifty Thousand Dollars ($250,000) is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Sumo Logic, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower Loan Party or of any entity under control of a Borrower its Subsidiaries in excess of Five Hundred Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$500,000), or (ii) a notice of lien, levy, Lien or assessment levy is filed against the assets of any Loan Party or any of its Subsidiaries with a Borrower’s assets value in excess of Five Hundred Thousand Dollars ($500,000) by any government agencyGovernmental Authority, and the same under subclauses clauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions Loans shall be made during any ten (10) day cure period; andor (i) any Any material portion of the assets of a Borrower’s assets Loan Party or any of its Subsidiaries is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower Loan Party or any of its Subsidiaries from conducting all or any material part of its business;.

Appears in 1 contract

Samples: Loan and Security Agreement (Brilliant Earth Group, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Co-Borrower or of any entity under the control of a Co-Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of Two Hundred Fifty Thousand Dollars ($250,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Co-Borrower’s assets with a value in excess of Two Hundred Fifty Thousand Dollars ($250,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Co-Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Co-Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Leaf Group Ltd.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, attachment by trustee or similar process, process of any funds of a Borrower or any Subsidiary individually or in the aggregate, of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountleast [TEXT REDACTED], or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or any of its Subsidiaries’ assets individually or in the aggregate, of at least [TEXT REDACTED] by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a fair market value of One Hundred Thousand Dollars ($100,000) or more, individually or in the aggregate, by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Okta, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with an aggregate value in excess of Five Hundred Thousand Dollars ($500,000.00) by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Jive Software, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account, or (ii) a notice of lien, levy, or assessment is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; and (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any substantial part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Ligand Pharmaceuticals Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of One Hundred Thousand Dollars ($100,000.00), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with an aggregate value in excess of One Hundred Thousand Dollars ($100,000.00) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Limelight Networks, Inc.)

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Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender Subsidiary in an amount equal to or any Lender’s Affiliate greater than $100,000.00 individually or any bank or other institution at which a Borrower maintains a Collateral Accountin the aggregate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or any of its Subsidiaries’ assets valued at or greater than $100,000.00 individually or in the aggregate by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (EyePoint Pharmaceuticals, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of Two Hundred Fifty Thousand Dollars ($250,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets in excess of Two Hundred Fifty Thousand Dollars ($250,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged discharged, or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (b) (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Credit and Security Agreement (ScanTech AI Systems Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account, or (ii) a notice of lien, levy, or assessment is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; and (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Anacor Pharmaceuticals Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountvalue in excess of One Hundred Thousand Dollars ($100,000.00), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a value in excess of One Hundred Thousand Dollars ($100,000.00) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Dova Pharmaceuticals Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with an aggregate value in excess of Ten Thousand Dollars ($10,000.00) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Sunshine Heart, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or any Subsidiary in excess of any entity under control of a Borrower One Hundred Fifty Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$150,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or any of its Subsidiaries’ assets with a value in excess of One Hundred Fifty Thousand Dollars ($150,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (ib) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Airgain Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower Loan Party or of any entity under control of a Borrower its Subsidiaries in excess of Twenty-Five Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$25,000), or (ii) a notice of lien, levy, Lien or assessment levy is filed against the assets of any Loan Party or any of its Subsidiaries with a Borrower’s assets value in excess of Twenty-Five Thousand Dollars ($25,000) by any government agencyGovernmental Authority, and the same under subclauses clauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions Loans shall be made during any ten (10) day cure period; andor (i) any Any material portion of the assets of a Borrower’s assets Loan Party or any of its Subsidiaries is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower Loan Party or any of its Subsidiaries from conducting all or any material part of its business;.

Appears in 1 contract

Samples: Loan and Security Agreement (Colonnade Acquisition Corp.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under control of a Borrower (including a SubsidiarySubsidiary (other than TCD)) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account, or (ii) a notice of lien, levy, or assessment is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; and (i) any material portion of a Borrower’s assets (other than TCD’s assets) is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Supernus Pharmaceuticals Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attachattach an asset greater than $50,000, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets by any government agencyagency in excess of $50,000, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (b) (i) any material portion of a Borrower’s assets is attachedattached in excess of $50,000, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Photonix Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of One Hundred Thousand Dollars ($100,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (b) (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (1Life Healthcare Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a fair market value of Five Hundred Thousand Dollars ($500,000) or more, individually or in the aggregate by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Telecommunication Systems Inc /Fa/)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy (other than a Lien allowed under clause (b) of the definition of Permitted Liens) is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Solazyme Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) in excess of Five Hundred Thousand Dollars ($500,000.00) on deposit or otherwise maintained with any Lender Bank or any Lenderof Bank’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountAffiliates, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (iRhythm Technologies, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with a fair market value of Two Hundred Fifty Thousand Dollars ($250,000.00) or more by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (b) (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting all or any material part of its business;

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Health Catalyst, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or any Subsidiary in excess of any entity under control of a Borrower Five Hundred Thousand Dollars (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Account$500,000), or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s or any of its Subsidiaries’ assets with a value in excess of Five Hundred Thousand Dollars ($500,000) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Tenaya Therapeutics, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets with an aggregate fair value of Ten Million Dollars ($10,000,000.00) or more by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten thirty (1030) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten such thirty (1030) day cure period; andor (b) (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan Agreement (Harmonic Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower in excess of One Hundred Fifty Thousand Dollars ($150,000) or of any entity under the control of a Borrower (including a Subsidiary) on deposit or otherwise maintained with any Lender Bank or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral AccountBank Affiliate, or (ii) a notice of lien, levy, lien or assessment levy is filed against any of a Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; andor (i) any material portion of a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower from conducting any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of a Borrower or any of its Subsidiaries or of any entity under control of a Borrower (including a Subsidiary) on deposit with any Lender or any Lender’s Affiliate or any bank or other institution at which a Borrower maintains a Collateral Accountin excess of Two Hundred Thousand Dollars ($200,000.00), or (ii) a notice of lien, levy, or assessment is filed against Borrower or any of a Borrower’s its Subsidiaries or their respective assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; and (i) any material portion of a Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower or any of its Subsidiaries from conducting all or any material part of its business;

Appears in 1 contract

Samples: Loan and Security Agreement (Viracta Therapeutics, Inc.)

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